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Discussions in the chambers and not in front of the client.

Ballwin, MO | January 24, 2013 6:09am

I feel like something is wrong here. I plead guilty to a case and did an open plea. The day I went in for sentencing my lawyer said she would ask for probation first of course but the prosecuting attorney would ask for 7 years on each count. Well when it came time for sentencing they left the courtroom and what I assume is they went to the judges chambers. They came back and my lawyer stated that I would get the 120 day SOAU with a ten year back up! Which doesnt seem like much but we had discussed a 7 year back up. And the lawyer came out and basically said seven years or that you choose. Why wasnt this discussed in front of me? What should I do, I feel as if I was mislead.

You were not mislead, but things should have been explained a bit clearer if possible. Discussions take place in chambers so the judge can be frank with the attorneys and vice versa. the judge could have said that he wasn't going to give you to your attorney. as a result, your attorney tried to get the best he could, then came back and gave your options.

NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site.
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As a client, you always have the right to know what is going on with plea negotiaions. If you were not satisfied with the offer you had the right to not accept and proceed to trial. I assume that you entered a plea, and the judge asked you whether you had enough time to discuss the matter with your attorney, and whether anybody had forced you or coereced you into changing your plea. Hindsight is 20-20, but if you have a question or a concern always ask for a moment to consult with your attorney.

What has been explained to you by my colleagues is true, at times Judges have the ability to say no to plea negotiations and not accept recommendations of attorneys and they tell them this beforehand. If you didn't like it then you should have tried it. Anyway the practice of this was ok. You just needed to get more time with your attorney to make sure you understood.